Grapevine Material Invoice Payment Site

Please refer to your CPCNW invoice so you can enter the invoice number and amount due in the form fields below.

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Please indicate whether the material to be submitted has been genetically modified:

Authorizing Agent's First Name:First Name:

Authorizing Agent's Last Name:Last Name:

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Invoice Number:

Amount Due (please enter as 1,234.00):

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Please review the terms and conditions below. By completing this transaction, you agree to the terms and conditions. After you click "Submit" you will be prompted to enter your credit card information.

WSU Clean Plant Center Northwest for Grapevine Testing Agreement

PAYMENT: Sponsor shall pay the agreed price for the requested testing and/or meristem culture for virus elimination at the time plant material is submitted. This is a firm, fixed-price agreement (hereinafter referred to as “Agreement”). The fee is earned upon signature of this Agreement, receipt of proprietary material, and payment of fee.

LIMITED ASSURANCE: Washington State University Clean Plant Center Northwest for Grapevines (“WSU/CPCNW-Grapvines”) assures that the testing and therapy services provided are in accordance to WSU/CPCNW-Grapevines standard operating procedures. However, the Sponsor acknowledges there will be some normal and anticipated adaptations to those procedures to achieve the ultimate goal of securing a grape plant that tests free of targeted virus and virus-like agents. No other assurances of any kind are expressed or implied.

SPONSOR AGREES:

To provide the required propagating material of the clone using established project procedures and in accordance with USDA-APHIS and WSDA requirements where applicable.

To provide in writing, fax or email any authorizations for desired distribution of propagating materials of the clone to any private or public person or entity. The authorizing agent designated in this agreement will provide said authorization.

To provide in writing, fax or email authorization to destroy material at conclusion of contracted retention period, or to renew retention contract. The authorizing agent designated in this agreement will provide said authorization. If the authorizing agent does not renew the retention contract prior to expiration of existing contracts, WSU/CPCNW-Grapevines reserves the right to destroy the material.

To pay for said materials at WSU/CPCNW-Grapevines prices in effect on the date of the order. The authorizing agent designated in this agreement is responsible for said payments.

The proper identification and genetic stability of the clone is the responsibility of the submitter. Any miss-identification requiring reindexing or retreatment of the clone will require repayment of the initial fee.

That it warrants that the clone is not in violation of state and federal laws regarding plant variety introduction and that possession and use of the plant material by WSU in accordance with this Agreement does not infringe on any proprietary or intellectual property rights held by others.

IT IS MUTUALLY AGREED THAT:

Should materials provided be found to contain diseases not subject to elimination by normal project procedures or a significant exotic pest or pathogen, the WSU/CPCNW-Grapevines will destroy all material of the clone held by WSU.

The Sponsor's authorizing agent designated in this agreement may effect removal of the clone from the program by written notice.

The WSU/CPCNW-Grapevines will not be held responsible for any spontaneous genetic change or performance change as a result of testing and treatment of the clone at WSU/CPCNW-Grapevines, nor will the WSU/CPCNW-Grapevines be held responsible for the release of any propagating material unknowingly having any genetic or other change. When material is released, WSU/CPCNW-Grapevines encourages and will facilitate genotyping of maerial by a third party at the Sponsor's expense.

The WSU/CPCNW-Grapevines will report, to the authorizing agent designated in this agreement, the success or failure of the clone to meet project requirements, but will not be required to provide any other report, either technical or financial.

Fees will be deposited with the WSU/CPCNW-Grapevines and expended in accordance with its policies and procedures. Such funds will be used for salaries, wages, foreign or domestic travel, supplies, or other operational expenditures.

WSU/CPCNW-Grapevines agrees that it shall not release any propagation material to any third party without prior written permission of the Sponsor's authorizing agent designated in this agreement.

WSU/CPCNW-Grapevines reserves the right of review limited to presentation and attribution of the data. Authorship will be in accordance with academic standards, and ownership of the copyright of the publication is under the policies of the author’s institution.

The name of Washington State University or any of its departments or personnel or WSU/CPCNW-Grapevines project shall not be used in advertising in connection with the work or results under this project without written permission of the Director of the WSU/CPCNW or a designated representative.

WSU Clean Plant Center Northwest for Grapevine Purchase Agreement

WHEREAS, WSU/CPCNW-Grapevines desires to provide for the propagation and distribution of selections of various grape plant material maintained at the WSU/CPCNW-Grapevines vineyard located at WSU Irrigated Agriculture Research and Extension Center (“IAREC”), 24106 N. Bunn Road, Prosser WA 99350-8694; and

WHEREAS, Purchaser desires to propagate and use or sell said plant material;

NOW, THEREFORE, the parties agree to as follows:

WSU/CPCNW-Grapevines shall deliver to Purchaser only material indicated on the CPCNW-Grapevines invoice. All plant material is sold F.O.B. WSU-IAREC. Purchaser agrees to pay all costs of delivery and assumes all risks during shipment. A storage charge may be made for plant material not picked up within 30 days of notification that plant material is ready.

Purchaser agrees to pay for said materials at WSU/CPCNW-Grapevines prices in effect on the date of the order. Material will be delivered upon receipt of payment in full and a signed purchase agreement. Checks must be made payable to WSU/CPCNW-Grapevines, at WSU-IAREC, 24106 N. Bunn Road, Prosser WA 99350. Purchaser may elect to pay via credit card only through the WSU online payment site.

This Agreement shall be in effect for a term of ninety-nine (99) years from the date of execution or the life of the planting, whichever is longer, and shall be binding on the heirs, successors, and assignees of the parties.

Purchaser agrees to purchase all plant material “as is” and “with all faults, known or unknown.” As to registered plant material, WSU/CPCNW-Grapvines has attempted to locate and identify plant material which is true to variety and selection/clone, and has tested negative for required viruses and crown gall bacterium. However, WSU/CPCNW-Grapevines does not guarantee the performance of the plant material or fruit nor its freedom from other pests and/or diseases. WSU makes no representations and extends no warranties of any kind, either express or implied, including the warrant that the plant material will not infringe any patent, copyright, trademark, or other intellectual property rights. WSU further disclaims liability for any loss or damage, consequential or otherwise, resulting from damaged or defective plant material. WSU is not responsible for any latent defect in plant materials sold, nor is WSU responsible for any genetic defect or other defect which occurs or which becomes manifest after the sale of plant material or which occurs or becomes manifest in progeny of plant material sold hereunder. It is understood and agreed that the sole remedy of the Purchaser of the plant material will be replacement of plant material or, at the option of WSU/CPCNW-Grapevines, refund of the purchase price thereof.

This constitutes the entire understanding between the parties of this matter and supersedes all other agreements, written or oral, between the parties.